Married in the US on a visitors visa

[GaryC 7]

Hello! I have a friend that I work with that just married his fiance here in the US. She was on a visitors visa. He didn't know that there are a lot of hoops to jump through and now he is in a real bind.

They have known each other for 4 years, he lived with her (Brazil) for a year or two and he got her a visitors visa. They married last week and now he finds out it was the wrong way to go about things. I told him that I would ask here what the best way to do things is.

The first thing I told him was to get a lawyer!

So his questions are:

What is the best visa to try for. K3 or CR-1

Do they have DCF in Brazil?

How long does the process take?

I told him that his wife would probably need to go back home while all this is going on. She has a 6 month visa. Can she stay for the rest of the visa's duration?

Thank you for your input.

[chocolaterie 0]

I do believe she is able to do AOS and thus remain in the states if immigration was not the intent prior to arrival.

Does she have any ties to her country?

[GaryC 7]

I do believe she is able to do AOS and thus remain in the states if immigration was not the intent prior to arrival.

Does she have any ties to her country?

He admits that it was intended that they get married when he got the visitors visa. I told him it is best not to lie about it.

[Laura_and_IanM 0]

Hello! I have a friend that I work with that just married his fiance here in the US. She was on a visitors visa. He didn't know that there are a lot of hoops to jump through and now he is in a real bind.

They have known each other for 4 years, he lived with her (Brazil) for a year or two and he got her a visitors visa. They married last week and now he finds out it was the wrong way to go about things. I told him that I would ask here what the best way to do things is.

The first thing I told him was to get a lawyer!

So his questions are:

What is the best visa to try for. K3 or CR-1

Do they have DCF in Brazil?

How long does the process take?

I told him that his wife would probably need to go back home while all this is going on. She has a 6 month visa. Can she stay for the rest of the visa's duration?

Thank you for your input.

Hiya! Please don't take my word for gold, I am sure someone with more experience or knowledge on this will reply soon, but it is my belief that his wife may be able to stay for the duration of her 6 month visa whilst her husband starts her immigration process. The only thing is, when she leaves America, she will not be able to come back into the country until her visa has been approved. As a whole, the k3 is suppose to be quicker but the CR1 is the whole kit and kaboodle. Also, tell him to note that if she stays with him for the whole 6 months, and he starts her immigration process whilst she is there, she will have to have someone keep in touch with her from her home to let her know if she gets anything in the post in regards to when her immigration interview would be etc. She has to have her interview at the American embassy in her home country.

I hope this helps somewhat. Goodluck!

Laura Mitchell

[chocolaterie 0]

In that case I would also agree that he seek the advice of an immigration lawyer...

otherwise he can file for a k-3, and I think she can stay until her visa expires but will then have to go back and wait.

Sorry I don't know very much about dcf or cr visas, but someone will be along that can give you a better picture.

[Laura_and_IanM 0]

I do believe she is able to do AOS and thus remain in the states if immigration was not the intent prior to arrival.

Does she have any ties to her country?

This is not sage advice Chocolaterie. It is said that if you do this, it will be much harder as you will have to prove that you didn't have intent. It is best that she goes back to her own country during the process. There is someone from this site that gave me some really good advice on this and when I remember who the hell it was I will post that persons name lol. grrrrrrrrr...memory is shite...lol

Laura Mitchell

[tom&tata 2]

The only thing is, when she leaves America, she will not be able to come back into the country until her visa has been approved.

Why would not she be able to come ?

[Laura_and_IanM 0]

I believe it has to do with the type of visa/passport that her country gives. If she has to apply for a visa to even go to America to visit then she won't be able to come into America once her application for immigration has been started. I have seen this topic posted before and I am sure one of the more veteran VJers will be able to answer more clearly on that. I believe it has to do with intent and the fact that she will already have a possible k3/cr1 visa already pending. It would be in the governments eyes to easy for her to come into the country and stay illegally if you will.

Laura Mitchell

[ChristinaM 0]

It would be more challenging for her to visit, but not impossible. She would need to provide evidence of ties to Brazil and it would not hurt to bring her immigration paperwork to prove she is doing things correctly.

There is no reason why she cannot stay for the duration of her I-94, but obviously, she should not overstay!

It sounds like AOS from her position would not be risk-free, but I suspect a lawyer would recommend it anyway. It's all up to their personal risk tolerance at this point. Their best bet would be to file for either the K3 or the CR1, but I don't know enough about Brazil to offer anything sensible.

Bring your friend to VJ, Gary!

[Kez/JWolf 6]

If when she entered the States at POE she did not lie about why she was here.. ie "if asked are you here to visit your boyfriend... she said no" or if she was asked about getting married and she said no....

Then if she was legally addmitted to the USA on her tourist visa she can do AOS from here and remain until she has her greencard.... the proof and ties to your own country have to be shown at POE after that it would only be picked up on by USCIS if they questioned your marriage...

But the advice from a good Immigration lawyer is a must.... but yes it can be done.....

Kezzie

Edited May 22, 2006 by Kezzie

[aussiewench 9]

Who May Apply to Become a Lawful Permanent Resident While in the United States? Edited May 22, 2006 by aussiewench

[robin&catrinel 0]

I think that getting married on a visitor's visa was probably not the best plan. In addition to that information that Aussie Wench posted, consider this:

If by visitor visa a form DS-156 was completed, they do ask questions regarding the intent of the visit. Length of stay, purpose of visit, do you intend to work/study... etc. The answers to those questions, as well as the interview, was meant to establish that the person was indeed a "visitor". Those who stray from that do so at their peril, especially if the applicant is not forthcoming at the interview.

Regarding visitor's visas (B2):

"Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. Applicants must demonstrate that they are properly classifiable as visitors under U.S. law. The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:

The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment

They plan to remain for a specific, limited time period

They have funds to cover expenses in the United States (e.g. 3 months’ bank statements, salary records, etc)

They have compelling social and economic ties to (wherever)

They have a residence outside the U.S. that they will return to at the conclusion of their visit "

If the applicant does "overcome this presumption" and then do exactly otherwise, I cannot imagine pleasant consequences.

Maybe there is someone here on VJ who has actually done this? Bueller?

[ChristinaM 0]

There are several of us on here who have adjusted from visitor status; although I did so from the VWP rather than a B2, it is possible. The fact that she has a B2 which it appears she got after they were engaged stands her in good stead, logically, as they felt secure she would return. It is also not illegal to enter the US as a tourist with intent to marry. It is the intent to remain which is the questionable part.

It is possible for her to apply for AOS from here, but it comes down to personal risk tolerance at the end of the day. I suspect that a lawyer will suggest that route, and I also suspect that it would be approved. However, neither I nor anybody else on this site can guarantee that.

Personally, I was not asked at any stage of the AOS process to prove my ties to the UK. But that's my experience.

[aussiewench 9]

robin&catrinel

There is nothing illegal or wrong with getting married in the US whilst on a visitors visa or under the VWP.

If you are granted entry you can make an application to U.S.C.I.S. for an adjustment of status. If your application is approved, U.S.C.I.S. will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa at the U.S. Embassy or Consulate in your country of residence.

GaryC

Your friend would be best served consulting an immigration lawyer on the best route to take, as they will be able to advise considering all aspects of your friends circumstances.

Lorelle

[Libersolis 0]

I married my wife while she was on a visitors visa back in april. There was never any intent on getting married by either of us, but it was just one of those wonderful magical things that happend. She has since returned to South Africa and we are now applying for the K3 visa because she had many things in her home to return to ( job, school, family) before she could actually move over here and live with me.